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CONSTITUTION 

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STATE OF UTAH 

WITH AMENDMENTS 


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MAY 17 1906 

D. of 0. 






CONSTITUTION 


PREAMBLE. 

Grateful to Almighty God for life and liberty, we, the people of Utah, 
in order to secure and perpetuate the principles of free government, do 
ordain and establish this 


CONSTITUTION. 

ARTICLE I. 

DECLARATION OP RIGHTS. 

Section 1. All men have the inherent and inalienable right to 
enjoy and defend their lives and liberties; to acquire, possess and pro¬ 
tect property; to worship according to the dictates of their con¬ 
sciences; to assemble peaceably, protest against wrongs, and petition 
for redress of grievances; to communicate freely their thoughts and 
opinions, being responsible for the abuse of that right. 

Sec. 2. All political power is inherent in the people; and all free 
governments are founded on their authority for their equal protection 
and benefit, and they have the right to alter or reform their govern¬ 
ment as the public welfare may require. 

Sec 3. The State of Utah is an inseparable part of the Federal 
Union and the Constitution of the United States is the supreme law of 
the land. 

Sec 4. The rights of conscience shall never be infringed. The 
State shall make no law respecting an establishment of religion or 
prohibiting the free exercise thereof; no religious test shall be re¬ 
quired as a qualification for any office of public trust or for any vote 
at any election; nor shall any person be incompetent as a witness or 
juror on account of religious belief or the absence thereof. There 
shall be no union of Church and State, nor shall any church uommate 
the State or interfere with its functions. No public money or property 
shall be appropriated for or applied to any religious worship, exercise 
or instruction, or for the support of any ecclesiastical establishment. 
No property qualification shall be required of any person to vote, or 
hold office, except as provided in this Constitution. 

Sec. 5. The privilege of the writ of habeas corpus shall not be 
suspended, unless, in case of rebellion or invasion, the public safety 
requires it. 

Sec. 6. The people have the right to bear arms for their security 
and defense, but the Legislature may regulate the exercise of this 
right by law. 

Sec. 7. No person shall be deprived of life, liberty or property, 
without due process of law. 

Sec. 8. All prisoners shall be bailable by sufficient sureties, ex¬ 
cept for capital offenses when the proof is evident or the presumption 
strong. 

Sec. 9. Excessive bail shall not be required; excessive fines shall 
not. be imposed; nor shall cruel and unusual punishments be inflicted. 
Persons arrested or imprisoned shall not be treated with unnecessary 
rigor. 

Sec. 10. In capital cases the right of trial by jury shall remain 
inviolate. In courts of general jurisdiction, except in capital cases, 
a jury shall consist of eight jurors. In courts of inferior jurisdiction 



2 


a jury shall consist of four jurors. In criminal cases the verdict shall 
be unanimous. In civil cases three-fourths of the jurors may find a 
verdict. A jury in civil cases shall be waived unless demanded. 

Sec. 11. All courts shall be open, and every person, for an injury 
done to him in his person, property or reputation, shall have remedy 
by due course of law, which shall be administered without denial or 
unnecessary delay; and no person shall be barred from prosecuting 
or defending before any tribunal in this State, by himself or counsel, 
any civil cause to which he is a party. 

Sec. 12. In criminal prosecutions the accused shall have the 
right to appear and defend in person and by counsel, to demand the 
nature and cause of the accusation against him, to have a copy thereof, 
to testify in his own behalf, to be confronted by the witnesses against 
him, to have compulsory process to compel the attendance of witnesses 
in his own behalf, to have a speedy public trial by an impartial jury 
of the county or district in which the offense is alleged to have been 
committed, and the right to appeal in all cases. In no instance shall 
any accused person, before final judgment, be compelled to advance 
money or fees to secure the rights herein guaranteed. The accused 
shall not be compelled to give evidence against himself; a wife shall 
not be compelled to testify against her husband, nor a husband against 
his wife, nor shall any person be twice put in jeopardy for the same 
offense. 

Sec. 13. Offenses heretofore required to be prosecuted by indict¬ 
ment, shall be prosecuted by information after examination and com-, 
mitment by a magistrate, unless the examination be waived by the 
accused with the consent of the State, or by indictment, with or with¬ 
out such examination and commitment. The grand jury shall consist 
of seven persons, five of whom must concur to find an indictment; 
but no grand jury shall be drawn or summoned unless in the opinion 
of the judge of the district, public interest demands it. 

Sec. 14. The right of the people to be secure in their persons, 
houses, papers and effects against unreasonable searches and seizures 
shall not be violated; and no warrant shall issue but upon probable 
cause supported by oath or affirmation, particularly describing the 
place to be searched and the person or thing to be seized. 

Sec. 15. No law shall be passed to abridge or restrain the free¬ 
dom of speech or of the press. In all criminal prosecutions for libel 
the truth may be given in evidence to the jury; and if it shall appear 
to the jury that the matter charged as libelous is true, and was pub¬ 
lished with good motives, and for justifiable ends, the party shall be 
acquitted; and the jury shall have the right to determine the law and 
the fact. 

Sec. 16. There shall be no imprisonment for debt, except in cases 
of absconding debtors. 

Sec. 17. All elections shall be free, and no power, civil or military, 
shall at any time interfere to prevent the free exercise of the right 
of suffrage. Soldiers, in time of war, may vote at their post of duty, 
in or out of the State, under regulations to be prescribed by law. 

Sec. 18. No bill of attainder, ex post facto law, or law impairing 
the obligation of contracts shall be passed. 

Sec. 19. Treason against the State shall consist only in levying 
war against it, or in adhering to its enemies or in giving them aid 
and comfort. No person shall be convicted or treason unless on the 
testimony of two witnesses to the same overt act. 

Sec. 20. The military shall be in strict subordination to the civil 
power, and no soldier in time of peace, shall be quartered in any house 
without the consent of the owner; nor in time of war except in a man¬ 
ner to be prescribed by law. 

Sec. 21. Neither slavery nor involuntary servitude, except as a 


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punishment for crime, whereof the party shall have teen duly con¬ 
victed, shall exist within this State. 

Sec. 22. Private property shall not be taken or damaged for pub¬ 
lic use without just compensation. 

Sec. 23. No law shall be passed granting irrevocably any fran¬ 
chise, privilege or immunity. 

Sec. 24. All laws of a general nature shall have uniform operation. 

Sec. 25. This enumeration of rights shall not be construed to im¬ 
pair or deny others retained by the people. 

Sec. 26. The provisions of this Constitution are mandatory and 
prohibitory, unless by express words they are declared to be otherwise. 

Sec. 27. Frequent recurrence to fundamental principles is essen¬ 
tial to the security of individual rights and the perpetuity of free gov¬ 
ernment. 


ARTICLE II. 

STATE BOUNDARIES. 

Section 1. The boundaries of the State of Utah shall be as follows: 

Beginning at a point formed by the intersection of the thirty- 
second degree of longitude west from Washington with the thirty- 
seventh degree of north latitude; thence due west along said thirty- 
seventh degree of north latitude to the intersection of the same with 
the thirty-seventh degree of longitude west from Washington; thence 
due north along said thirty-seventh degree of west longitude to the 
intersection of the same with the forty-second degree of north latitude; 
thence due east along said forty-second degree of north latitude to 
the intersection of the same with the thirty-fourth degree of longitude 
west from Washington; thence due south along said thirty-fourth 
degree of west longitude to the intersection of the same with the forty- 
first degree of north latitude; thence due east along said said forty-first 
degree of north latitude to the intersection of the same with the thirty- 
second degree of longitude west from Washington; thence due south 
along said thirty-second degree of west longitude to the place of be¬ 
ginning. 


ARTICLE III. 

ORDINANCE. 

The following ordinance shall be irrevocable without the consent 
of the United States and the people of this State: 

First:—Perfect toleration of religious sentiment is guaranteed. 
No inhabitant of this State shall ever be molested in person or prop¬ 
erty on account of his or her mode of religious worship; but polyga¬ 
mous or plural marriages are forever prohibited. 

Second:—The people inhabiting this State do affirm and declare 
that they forever disclaim all right and title to the unappropriated 
public lands lying within the boundaries hereof, and to all lands lying 
within said limits owned or held by any Indian or Indian tribes, and 
that until the title thereto shall have been extinguished by the United 
States, the same shall be and remain subject to the disposition of the 
United States, and said Indian lands shall remain under the absolute 
jurisdiction and control of the Congress of the United States. The 
lands belonging to citizens of the United States, residing without this 
State, shall never be taxed at a higher rate than the lands belonging 
to residents of this State; nor shall taxes be imposed by this State on 
lands or property herein, belonging to or which may hereafter be 


4 


purchased by the United States or reserved for its use; but nothing 
in this ordinance shall preclude this State from taxing as t other lands 
are taxed, any lands owned or held by any Indian who has severed 
his tribal relations, and has obtained from the United States or from 
any person, by patent or other grant, a title thereto, save and except 
such lands as have been or may be granted to any Indian or Indians 
under any act of Congress, containing a provision exempting the lands 
thus granted from taxation, which last mentioned lands shall be ex¬ 
empt from taxation so long, and to such extent, as is or may be pro¬ 
vided in the act of Congress granting the same. 

Third:—All debts and liabilities of the Territory of Utah, incurred 
by authority of the Legislative Assembly thereof, are hereby assumed 
and shall be paid by this State. 

Fourth:—The Legislature shall make laws for the establishment 
and maintenance of a system of public schools, which shall be open 
to all the children of the State and be free from sectarian control. 

ARTICLE IV. 

ELECTIONS AND RIGHT OF SUFFRAGE. 

Section 1. The rights of citizens of the State of Utah to vote and 
hold office shall not be denied or abridged on account of sex. Both 
male and female citizens of this State shall enjoy equally all civil, 
political and religious rights and privileges. 

Sec. 2. Every citizen of the United States, of the age of twenty- 
one years and upwards, who shall have been a citizen for ninety days, 
and shall have resided in the State or Territory one year, in the county 
four months, and in the precinct sixty days next preceding any 
election, shall be entitled to vote at such election except as herein 
otherwise provided. 

Sec. 3. In all cases except those of treason, felony or breach of 
the peace, electors shall be privileged from arrest on the days of 
election, during their attendance at elections, and going to and re¬ 
turning therefrom. 

Sec. 4. No elector shall be obliged to perform militia duty on the 
day of election except in time of war or public danger. 

Sec. 5. No person shall be deemed a qualified elector of this State 
unless such person be a citizen of the United States. 

Sec. 6. No idiot, insane person or person convicted of treason, 
or crime against the elective franchise, unless restored to civil rights, 
shall be permitted to vote at any election, or be eligible to hold office 
in this State. 

Sec. 7. Except in elections levying a special tax or creating in¬ 
debtedness, no property qualification shall be required for any person 
to vote or hold office. 

Sec. 8. All elections shall be by secret ballot. Nothing in this 
section shall be construed to prevent the use of any machine or 
mechanical contrivance for the purpose of receiving and registering 
the votes cast at any election: Provided, That secrecy in voting be 
preserved. 

Sec. 9. All general elections, except for municipal and school offi¬ 
cers, shall be held on the Tuesday next following the first Monday in 
November of the year in which the election is held. Special elections 
may be held as provided by law. The terms of all officers elected at 
any general election, shall commence on the first Monday in January 
next following the date of their election. Municipal and school officers 
shall be elected at such time as may be provided by law. 

Sec. 10. All officers made elective or appointive by this Constitu- 


tion or by the laws made in pursuance thereof, before entering upon 
the duties of their respective offices, shall take and subscribe the fol¬ 
lowing oath or affirmation: “I do solemnly swear (or affirm) that I 
will support, obey and defend the Constitution of the United States 
and the Constitution of this State, and that I will discharge the duties 
of my office with fidelity.” 


ARTICLE V. 

DISTRIBUTION OF POWER. 

Section 1. The powers of the government of the State of Utah 
shall be divided into three distinct departments, the Legislative, the 
Executive, and the Judicial; and no person charged with the exercise 
of powers properly belonging to one of these departments, shall exer¬ 
cise any functions appertaining to either of the others, except in the 
cases herein expressly directed or permitted. 

| ARTICLE VI. 

LEGISLATIVE DEPARTMENT. 

Section 1. The Legislative power of this State shall be vested in 
a Senate and House of Representatives, which shall be designated The 

Legislature of the State of Utah. 

Sec. 2. Regular sessions of the Legislature shall be held biennially 
at the seat of government; and, except the first session thereof shall 
begin on the second Monday in January next after the election of 
members of the House of Representatives. 

Sec. 3. The members of the House of Representatives, after the 
first election, shall be chosen by the qualified electors of the respective 
representative districts, on the first Tuesday after the first Monday in 
November, 1896, and biennially thereafter. Their term of office shall 
be two years, from the first day of January next after their election. 

Sec. 4. The senators shall be chosen by the qualified electors of 
the respective senatorial districts, at the same times and places as 
members of the House of Representatives, and their term of office 
shall be four years from the first day of January next after their 
election: Provided, That the senators elected in 1896 shall be divided 
by lot into two classes as nearly equal as may be; seats of senators of 
the first class shall be vacated at the expiration of two years, and those 
of the second class at the expiration of four years; so that one-half, 
as nearly as possible, shall be chosen biennially thereafter. In case of 
increase in the number of Senators, they shall be annexed by lot to 
one or the other of the two classes, so as to keep them as nearly equal 
as practicable. 

Sec. 5. No person shall be eligible to the office of senator or repre¬ 
sentative, who is not a citizen of the United States, twenty-five years 
of age, a qualified voter in the district from which he is chosen, a 
resident for three years of the State, and for one year of the district 
from which he is elected. 

Sec. 6. No person holding any public office of profit or trust under 
authority of the United States, or of this State, shall be a member of 
the Legislature: Provided, That appointments in the State militia, 
and the offices of notary public, justice of the peace, United States 
commissioner, and postmaster of the fourth class, shall not, within 
the meaning of this section, be considered offices of profit or trust. 

Sec. 7. No member of the Legislature, during the term for which 
he was elected, shall be appointed or elected to any civil office of 


profit under this State, which shall have been 'created, or the emolu¬ 
ments of which shall have been increased, during the term for which 
he was elected. 

Sec. 8. Members of the Legislature, in all cases except treason, 
felony or breach of the peace, shall be privileged from arrest during 
each session of the Legislature, for fifteen days next preceding each 
session, and in returning therefrom; and for words used in any speech 
or debate in either house, they shall not be questioned in any other 
place. 

Sec 9. The members of the Legislature shall receive such per 
diem and mileage as the Legislature may provide, not exceeding four 
dollars per day, and ten cents per mile for the distance necessarily 
traveled going to and returning from the place of meeting on the 
most usual route, and they shall receive no other pay or perquisite. 

Sec. 10. Each house shall be the judge of election and qualifica¬ 
tions of its members, and may punish them for disorderly conduct, 
and with the concurrence of two-thirds of all the members elected, 
expel a member for cause. 

Sec. 11. A majority of the members of each house shall constitute 


a quorum to transact business, but a smaller number may adjourn 
from day to day, and may compel the attendance of absent members 
in such manner and under such penalties as each house may prescribe. 

Sec. 12. Each house shall determine the rules of its proceedings 
and choose its own officers and employees. 

Sec. 13. The Governor shall issue writs of election to fill vacancies 
that may occur in either house of the Legislature. 

• ^. ec ‘ house shall keep a journal of its proceedings 

which, except in case of executive sessions, shall be published, and the 
yeas and nays on any question, at the request of five members of such 
house, shall be entered upon the journal. 

Sec. 15. All sessions of the Legislature, except those of the Sen¬ 
ate while sitting in executive session, shall be public; and neither 
house, without the consent of the other, shall adjourn for more than 

three days, nor to any other place than that in which it may be hold¬ 
ing session. 

.-u- *l eC ' .No regular session of the Legislature (except the first 
which may sit ninety days) shall exceed sixty days, except in cases of 
impeachment. No special session shall exceed thirty days, and in 
such special session, or when a regular session of the Legislature try¬ 
ing cases of impeachment exceeds sixty days, the members shall re¬ 
ceive for compensation only the usual per diem and mileage. 

Sec. 17. The House of Representatives shall .have the sole power 
of impeachment but m order to impeach, two-thirds of all the mem¬ 
bers elected must vote therefor. 

ot+K im P eac h m + e nts shall be tried by the Senate, and sen¬ 
ators when sitting for that purpose, shall take oath or make affirma¬ 
tion to do justice according to the law and the evidence. When the 
Governor is on trial, the Chief Justice of the Supreme Court shall pre- 

N ? + E er o° n ! ha11 be convicte d without the concurrence of two- 
thirds of the Senators elected. 


Sec. 19. The Governor and other State and Judicial officers ex¬ 
cept justices of the peace, shall be liable to impeachment for high 
crimes, misdemeanors, or malfeasance in office; but judgment in such 

l,old S °h ly t0 [ en r al tr0m ° fflCe and Stt to 

hohi any office of honor, trust or profit in the State. The partv 
whether convicted or acquitted, shall, nevertheless, be liable to prose¬ 
cution, trial and punishment according to law. 

Sec. 20. No person shall be tried on impeachment, unless he shall 
have been served with a copy of the articles thereof, at least ten days 


•7 


before the trial, and after such service he shall not exercise the duties 
of his office until he shall have been acquitted. 

Sec. 21. All officers not liable to impeachment shall be removed 
for any of the offenses specified in this article, in such manner as may 
be provided by law. 

Sec 22. The enacting clause of every law shall be: “B 3 it enacted 
by the Legislature of the State of Utah,” and no bill or joint resolution 
shall be passed, except with the assent of a majority of all the mem¬ 
bers elected to each house of the Legislature and after it has been 
read three times. The vote upon the final passage of all bills shall be 
by yeas and nays; and no law shall be revised, or amended by refer¬ 
ence to its title only; but the act as revised, or section as amended, 
shall be re-enacted and published at length. 

Sec. 23. Except general appropriation bills, and bills for the 
codification and general revision of laws, no bill shall be passed con¬ 
taining more than one subject, which shall be clearly expressed in its 
title. 

Sec. 24. The presiding officer of each house, in the presence of 
the house over which he presides, shall sign all bills and joint resolu¬ 
tions passed by the Legislature, after their titles have been publicly 
read immediately before signing, and the fact of such signing shall be 
entered upon the journal. 

Sec. 25. All acts shall be officially published, and no act shall take 
effect until so published, nor until sixty days after the adjournment 
of the session at which it passed, unless the Legislature by a vote of 
two-thirds of all the members elected to each house, shall otherwise 
direct. 

Sec. 26. The Legislature is prohibited from enacting any private 
or special laws in the following cases: 

First.—Granting divorce. 

Second.—Changing the names of persons or places, or constituting 
one person the heir-at-law of another. 

Third.—Locating or changing county seats. 

Fourth.—Regulating the jurisdiction and duties of justices of the 
peace. , 

Fifth—Punishing crimes and misdemeanors. 

Sixth.—Regulating the practice of courts of justice. 

Seventh.—Providing for a change of venue in civil or criminal 
actions. 

Eighth.—Assessing and collecting taxes. 

Ninth.—Regulating the interest on money. 

Tenth.—Changing the law of descent or succession. 

Eleventh.—Regulating county and township affairs. 

Twelfth.—Incorporating cities, towns or villages; changing or 
amending the charter of any city, town or village; laying out, opening, 
vacating or altering town plats, highways, streets, wards, alleys or 
public grounds. 

Thirteenth.—Providing for sale or mortgage of real estate belong¬ 
ing to minors or others under disability. 

Fourteenth.—Authorizing persons to keep ferries across streams 
within the State. 

Fifteenth.—Remitting fines, penalties or forfeitures. 

Sixteenth.—Granting to an individual, association or corporation 
any privilege, immunity or franchise. 

Seventeenth.—Providing for the management of common schools. 

Eighteenth.—Creating, increasing or decreasing fees, percentages 
or allowances of public officers during the term for which said of¬ 
ficers are elected or appointed. 


8 


The Legislature may repeal any- existing special law relating to 
the foregoing subdivisions. 

In all cases where a general law can be applicable, no special law 
shall be enacted. 

Nothing in this section shall be construed to deny or restrict the 
power of the Legislature to establish and regulate the compensation 
and fees of county and township officers; to establish and regulate the 
rates of freight, passage, toll and charges of railroads, toll road», ditch, 
flume and tunnel companies, incorporated under the laws of the State 
or doing business therein. 

Sec. 27. The Legislature shall have no power to release or ex¬ 
tinguish, in whole or in part, the indebtedness, liability or obligation 
of any corporation or person to the State, or to any municipal corpora¬ 
tion therein. 

Sec. 28. The Legislature shall not authorize any game of chance, 
lottery or gift enterprise under any pretense or for any purpose. 

Sec. 29. The Legislature shall not delegate to any special com¬ 
mission, private corporation or association, any power to make, su¬ 
pervise or interfere with any municipal improvement, money, property 
or effects, whether held in trust or otherwise, to levy taxes, to select 
a capitol site, or to perform any municipal functions. 

Sec. 30. The Legislature shall have no power to grant, or au¬ 
thorize any county or municipal authority to grant, any extra com¬ 
pensation, fee or allowance to any public officer, agent, servant or 
contractor, after service has been rendered or a contract has been 
entered into and performed in whole or in part, nor pay or authorize 
the payment of any claim hereafter created against the State, or any 
county or municipality of the State, under any agreement or contract 
made without authority of law: Provided, That this section shall not 
apply to claims incurred by public officers in the execution of the 
laws of the State. 

Sec. 31. The Legislature shall not authorize the State, or any 
county, city, town, township, district or other political subdivision 
of the State to lend its credit or subscribe to stock or bonds in aid 
of any railroad, telegraph or other private individual or corporate 
enterprise or undertaking. 

ARTICLE VII. 

EXECUTIVE. 

Section 1. The Executive Department shall consist of Governor, 
Secretary of State, State Auditor, State Treasurer, Attorney-General, 
and Superintendent of Public Instruction, each of whom shall hold his 
office for four years, beginning on the first Monday of January next 
after his election, except that the terms of office of those elected at 
the first election shall begin when the State shall be admitted into 
the Union, and shall end on the first Monday in January, A. D. 1901. 
The officers of the Executive Department, during their terms of office, 
shall reside at the seat of government, where they shall keep the 
public records, books and papers. They shall perform such duties as 
are prescribed by this Constitution and as may be prescribed by law. 

Sec. 2. The officers provided for in section one of this article, 
shall be elected by the qualified electors of the State at the time and 
place of voting for members of the Legislature, and the persons re¬ 
spectively having the highest number of votes cast for the office voted 
for shall be elected; but if two or more shall have an equal and the 
highest number of votes for any one of said offices, the two houses of 
fhe Legislature, at its next regular session, shall elect forthwith by 
joint ballot one of such persons for said office. 

Sec. 3. No person shall be eligible to the office of Governor or 


I 


9 


Secretary of State unless he shall have attained the age of thirty 
years at the time of his election, nor to the office of Attorney-General 
unless he shall have attained the age of twenty-five years at the time 
of his election, and have been admitted to practice in the Supreme 
Court of the Territory or of the State of Utah, nor unless he shall 

he in good standing at the bar at the time of his election. No person 

shall be eligible to any of the offices provided for in section one of 
this article, unless at the time of his election he shall be a qualified 
elector, and shall have been a resident citizen of the State or Territory 
for five years next preceding his election. The State Auditor and State 
Treasurer shall be ineligible to election as their own successors. 

Sec. 4. The Governor shall be commander-in-chief of the military 
forces of the State, except when they shall be called into the service 

of the United States. He shall have power to call out the militia 

to execute the laws, to suppress insurrection, or to repel invasion. 

Sec. 5. The Governor shall see that the laws are faithfully exe¬ 
cuted; he shall transact all executive business with the officers of the 
government, civil and military, and may require information in 
writing from the officers of the Executive Department, and from the 
officers and managers of State Institutions upon any subject relating 
to the condition, management and expenses of their respective offices 
and institutions, and at any time when the Legislative Assembly is 
not in session, may, if he deem it necessary, appoint a committee^ to 
investigate and report to him upon the condition of any executive 
office or State institution. He shall communicate by message the con¬ 
dition of the State to the Legislature at every regular session, and 
recommend such measures as he may deem expedient. 

Sec. 6. On extraordinary occasions, the Governor may convene 
the Legislature by proclamation, in which shall be stated the purpose 
for which the Legislature is to be convened, and it shall transact no 
legislative business except that for which it was especially convened, 
or such other legislative business as the Governor may call to its 
attention while in session. The Legislature, however, may provide for 
the expenses of the session and other matters incidental thereto. The 
Governor may also by proclamation convene the Senate in extra¬ 
ordinary session for the transaction of executive business. 

Sec. 7. In case of a disagreement between the two houses of the 
Legislature at any special session, with respect to the time of ad¬ 
journment. the Governor shall have power to adjourn the Legislature 
to such time as he may think proper: Provided, it be not beyond the 
time fixed for the convening of the next Legislature. 

Sec. S. Every bill passed by the Legislature, before it becomes 
a law, shall be presented to the Governor; if he approve, he shall sign 
it, and thereupon it shall become a law; but if he do not approve, 
he shall return it with his objections to the house in which it orig¬ 
inated, which house shall enter the objections at large upon its journal 
and proceed to reconsider the bill. If. after such reconsideration, it 
again passes both houses by a yea and nay vote of two-thirds of the 
members elected to each house, it shall become a law, notwithstanding 
the Governor’s objections. If any bill be not returned within five 
days after it shall have been presented to him (Sunday, and the day 
on which he received it excepted), the same shall be a law in like 
manner as if he had signed it, unless the Legislature by its final ad¬ 
journment prevent such return, in which case it shall be filed vith 
his objections in the office of the Secretary of State within ten days 
after such adjournment (Sundays excepted) or become a law. If any 
bill presented to the Governor contain several items of appropriations 
of money, he may object to one or more such items, while approving 
other portions of the bill; in such case he shall append to the bill at 
the time of signing it a statement of the item or items which he de- 


10 


clines to approve, together with his reasons therefor, and such item or 
items shall not take effect unless passed over the Governor’s objec¬ 
tion as in this section provided. 

Sec. 9. When any State or district office shall become vacant, and 
no mode is provided by the Constitution and laws for filling such 
vacancy, the Governor shall have the power to fill the same by 
granting a commissipn, which shall expire at the next election, and 
upon qualification of the person elected to such office. 

Sec. 10. The Governor shall nominate, and by and with the con¬ 
sent of the Senate, appoint all State and district officers whose offices 
are established by this Constitution, or which may be created by law, 
and whose appointment or election is not otherwise provided for. If, 
during the recess of the Senate, a vacancy occur in any State or 
district office, the Governor shall appoint some fit person to discharge 
the duties thereof until the next meeting of the Senate, when he 
shall nominate some person to fill such office. If the office of Justice 
of the Supreme or District Court, Secretary of State, State Auditor, 
State Treasurer, Attorney-General or Superintendent of Public In¬ 
struction be vacated by death, resignation or otherwise, it shall be the 
duty of the Governor to fill the same by appointment, and the ap¬ 
pointee shall hold his office until his successor shall be elected and 
qualified, as may be by law provided. 

Sec. 11. In case of the death of the Governor, or his impeach¬ 
ment, removal from office, inability to discharge the duties of his 
office, resignation or absence from the State, the powers and duties 
of said office shall devolve upon the Secretary of State until the 
disability shall cease, or until the next general election, when the 
vacancy shall be filled by election. If, during a vacancy in the office 
of Governor, the Secretary of State resign, die or become in¬ 
capable of performing the duties of the office, or be displaced, or be 
absent from the State, the President pro tempore of the Senate 
shall act as Governor until the vacancy be filled or the disability cease. 
While performing the duties of the Governor as in this section pro¬ 
vided, the Secretary of State, or the President pro tempore of the 
Senate, as the case may be, except in cases of temporary disability, 
or absence from the State, shall be entitled to the salary and emolu¬ 
ments of the Governor. 

Sec. 12. Unless otherwise provided by law, the Governor, Justices * 
of the Supreme Court and Attorney-General shall constitute a Board 
of Pardons, a majority of whom, including the Governor, upon such 
conditions, and with such limitations and restrictions as they deem 
proper, may remit fines and forfeitures, commute punishments, and 
grant pardons after convictions, in all cases except treason and im¬ 
peachments, subject to such regulations as may be provided by law, 
relative to the manner of applying for pardons; but no fine or 
forfeiture shall be remitted, and no commutation or pardon granted, 
except after a full hearing before the Board, in open session, after 
previous notice of the time and place of such hearing has been given. 
The proceedings and decisions of the Board, with the reasons therefor 
in each case, together with the dissent of any member who may disa¬ 
gree. shall be reduced to writing, and filed, with all papers used upon 
the hearing, in the office of the Secretary of State. The Governor shall 
have power to grant respites or reprieves in all cases of convictions for 
offenses against the State, except treason or conviction on impeach¬ 
ment; but such respites or reprieves shall not extend beyond the 
next session of the Board of Pardons; and such Board, at such ses¬ 
sion, shall continue or determine such respite or reprieve, or they 
may commute the punishment, or pardon the offense as herein pro¬ 
vided. In case of conviction for treason, the Governor shall have 
the power to suspend execution of the sentence, until the case shall 


11 


be reported to the Legislature at its next regular session, when the 
Legislature shall either pardon, or commute the sentence, or direct 
its execution; he shall communicate to the Legislature at each regular 
session, each case of remission of fine or forfeiture, reprieve, com¬ 
mutation or pardon granted since the last previous report, stating 
the name of the convict, the crime for which he was convicted, the 
sentence and its date, the date of remission, commutation, pardon or 
reprieve, with the reasons for granting the same, and the objections, 
if any, of any member of the Board made thereto. 

Sec. 13. Until otherwise provided by law, the Governor, Secretary 
of State and Attorney-General shall constitute a Board of State Prison 
Commissioners, which board shall have such supervision of all mat¬ 
ters connected with the State prison as may be provided by law. They 
shall, also, constitute a Board of Examiners, with power to examine 
all claims against the State except salaries or compensation of of¬ 
ficers fixed by law, and perform such other duties as may be prescribed 
by law, and no claim against the State, except for salaries and compen¬ 
sation of officers fixed by law, shall be passed upon by the Legislature 
without having been considered and acted upon by the said Board of 
Examiners. 

Sec. 14. Until otherwise provided by law, the Governor, State 
Treasurer and State Auditor shall constitute a Board of Insane Asylum 
Commissioners. Said Board shall have such supervision of all matters 
connected with the State Insane Asylum as may be provided by law. 

Sec. 15. Until otherwise provided by law, the Governor, Attorney- 
General and Superintendent of Public Instruction shall constitute a 
Board of Reform School Commissioners. Said board shall have such 
supervision of all matters connected with the State Reform School 
as may be provided by law. 

Sec. 16. The Secretary of State shall keep a record of the official 
acts of the Legislature and Executive Department of the State, and, 
when required, shall lay the same and all matters relative thereto 
before either branch of the Legislature, and shall perform such other 
duties as may be provided by law. 

Sec. 17. The Auditor shall be Auditor of Public Accounts, and 
the Treasurer shall be the custodian of public moneys, and each shall 
perform such other duties as may be provided by law. 

Sec. 18. The Attorney-General shall be the legal adviser of the 
State officers, and shall perform such other duties as may be pro¬ 
vided by law. 

Sec. 19. The Superintendent of Public Instruction shall perform 
such duties as may be provided bv law. 

Sec. 20. The Governor, Secretary of State, Auditor, Treasurer, At¬ 
torney-General, Superintendent of Public Instruction and such other 
State and district officers as may be provided for by law, shall receive 
for their services quarterly, a compensation as fixed by law, which 
shall not be diminished or increased so as to affect the salary of any 
officer during his term, or the term next ensuing after the adoption 
of this Constitution, unless a vacancy occur, in which case the suc¬ 
cessor of the former incumbent shall receive only such salary as may 
be provided by law at the time of his election or appointment. The 
compensation of the officers provided for by this article, until other¬ 
wise provided by law, is fixed as follows: 

Governor, two thousand dollars per annum. 

Secretary of State, two thousand dollars per annum. 

State Auditor, fifteen hundred dollars per annum. 

State Treasurer, one thousand dollars per annum. 

Attorney-General, fifteen hundred dollars per annum. 

Superintendent of Public Instruction, fifteen hundred dollars per 

annum. 


12 


The compensation for said officers as prescribed in this section, 
and in all laws enacted pursuant to this Constitution, shall be in full 
for all services rendered by said officers, respectively, in any official 
capacity or employment during their respective terms of office. No 
such officer shall receive for the performance of any official duty any 
fee for his own use, but all fees fixed by law for the performance, by 
either of them of any official duty, shall be collected in advance and 
deposited with the State Treasurer quarterly to the credit of the State. 
The Legislature may provide for the payment of actual and necessary 
expenses of said officers while traveling in the State in the per¬ 
formance of official duty. 

Sec. 21. All grants and commissions shall be in the name and 
by the authority of the State of Utah, sealed with the Great Seal of 
the State, signed by the Governor, and countersigned by the Secretary 
of State. 

Sec. 22. There shall be a seal of the State, which shall be kept 
by the Secretary of State, and used by him officially. Said seal shall 
be called The Great Seal of the State of Utah.” The present seal 

of the Territory of Utah shall be the seal of the State until otherwise 
provided by law. 

Sec. 23. No person, while holding any office under the United 
States Government shall hold any office under the State government 
of Utah, and the Governor shall not be eligible for election to the 
Senate of the United States during the term for which he shall have 
been elected Governor. 


ARTICLE VIII. 

JUDICIAL DEPARTMENT. 

Q Section 1 . The Judicial power of the State shall be vested in the 

r»^ a ^ e 4 - S / 1 i ttm f a - S a c ? urt of impeachment, in a Supreme Court in 
District Courts, in justices of the peace, and such other courts inferior 
to the Supreme Court as may be established by law 

Sec. 2 The Supreme Court shall consist of three Judges: but after 
the year A. D. 1905, the Legislature may increase the number thereof 
to five. A majority of the Judges constituting the court shall be 
necessary to form a quorum or render a decision. If a Justice of the 
Supreme Court shall be disqualified from sitting in a cause before 
said court, the remaining Judges shall call a District Judge to sit with 
them on the hearing of such cause. The Judges of the Supreme Court 
shaH be elected by the electors of the State at large. The term of 
office of the Judges of the Supreme Court, excepting as in this article 
otherwise provided, shall be six years. The Judges of the Supreme 
P° ur *7 ^mediately after the first election under this Constitution, shall 
be selected by lot, so that one shall hold office for the term of three 
years, one for the term of five years, and one for the term of seven 

t 0tS a b, L d ^ awn by the Jl,dges of the Supreme Court. 

, that pui pose, shall assemble at the seat of government; and 

n^ 1 ! ST- v- res ? thereof to be certified by the Secretary of 
^tate, and filed m his office. The Judge having the shortest term to 
serve, not holding his office by appointment or election to fill a 
vacancy, shall be the Chief Justice, and shall preside at all terms of 
the Supieme Court, and m case of his absence, the Judge, having in 
like manner, the next shortest term, shall preside in his stead. 

Sec \ 3. Every Judge of the Supreme Court shall be at least thirty 
years or age and, before his election, shall be a member of the bar 
learned m the law, and a resident of the Territory or State of Utah 
for five years next preceding his election. 

Sec. 4. The Supreme Court shall have original jurisdiction to issue 


13 


writs of mandamus, certiorari, prohibition, quo-warranto and habeas 
corpus. Each of the Justices shall have power to issue writs of habeas 
corpus, to any part of the State, upon petition by or on behalf of any 
person held in actual custody, and may make such writs returnable 
before himself or the Supreme Court, or before any District Court or 
Judge thereof in the State. In other cases the Supreme Court shall 
have appellate jurisdiction only, and power to issue writs necessary 
and proper for the exercise of that jurisdiction. The Supreme Court 
shall hold at least three terms every year, and shall sit at the capital 
of the State. 

Sec. 5. The State shall be divided into seven judicial districts, for 
each of which, at least one, and not exceeding three Judges, shall be 
chosen by the qualified electors thereof. The term of office of the 
District Judges shall be four years. Except that the District Judges 
elected at the first election shall serve until the first Monday in Jan¬ 
uary, A. D. 1901, and until their successors shall have qualified. Until 
otherwise provided by law, a District Court at the county seat of each 
county shall be held at least four times a year. All civil and criminal 
business arising in any county, must be tried in such county, unless 
a change of venue be taken, in such cases as may be provided by 
law. Each Judge of a District Court shall be at least twenty-five 
years of age, a member of the bar, learned in the law, a resident of 
the Territory or State of Utah three years next preceding his election, 
and shall reside in the district for which he shall be elected. Any 
District Judge may hold a District Court in any county at the request 
of the Judge of the district, and upon a request of the Governor, it 
shall be his duty to do so. Any cause in the District Court may be 
tried by a Judge pro tempore, who must be a member of the bar, 
sworn to try the cause, and agreed upon by the parties, or their 
attorneys of record. 

Sec. 6. The Legislature may change the limits of any judicial dis¬ 
trict, or increase or decrease the number of districts, or the Judges 
thereof. No alteration or increase shall have the effect of removing 
a Judge from office. In every additional district established, a Judge 
shall be elected by the electors thereof, and his term of office shall 
continue as provided in section five of this article. 

Sec. 7. The District Court shall have original jurisdiction in all 
matters civil and criminal, not excepted in this Constitution, and not 
prohibited by law; appellate jurisdiction from all inferior courts and 
tribunals, and a supervisory control of the same. The District Courts 
or any judge thereof, shall have power to issue writs of habeas corpus, 
mandamus, injunction, quo warranto, certiorari, prohibition and other 
writs necessary to carry into effect their orders, judgments and 
decrees, and to give them a general control over inferior courts and 
tribunals within their respective jurisdictions. 

Sec. 8. The Legislature shall determine the number of justices of 
the peace to be elected, and shall fix by law their powers, duties and 
compensation. The jurisdiction of justices of the peace shall be as 
now provided by law, but the Legislature may restrict the same. 

Sec. 9. From all final judgments of the District Courts, there 
shall be a right of appeal to the Supreme Court. The appeal shall be 
upon the record made in the court below, and under such regulations 
as may be provided by law. In equity cases the appeal may be on 
questions of both law and fact; in cases at law the appeal shall be 
on questions of law alone. Appeals shall also lie from the final orders 
and decrees of the Court in the administration of decedent estates, 

and in cases of guardianship, as shall be provided by law. Appeals 

shall also lie from the final judgment of justices of the peace in civil 

and criminal cases to the District Courts on both questions of law 

and fact, with such limitations and restricitons as shall be provided 


14 


by law; and the decision of the District Courts on such appeals shall 
be final, except in cases involving the validity or constitutionality of 
-a statute. 

Sec. 10. A County Attorney shall be elected by the qualified voters 
of each county who shall hold his office for a term of two years. The 
powers and duties of County Attorneys, and such other attorneys for 
the State as the Legislature may provide, shall be prescribed by law. 
In all cases where the attorney for any county, or for the State, fails 
or refuses to attend and prosecute according to law, the court shall 
have power to appoint an attorney pro tempore. 

Sec. 11. Judges may be removed from office by the concurrent 
vote of both houses of the Legislature, each voting separately; but 
two-thirds of the members to which each house may be entitled must 
concur in such vote. The vote shall be determined by yeas and nays, 
and the names of the members voting for or against a judge, together 
with the cause or causes of removal, shall be entered on the journal 
of each house. The judge against whom the house may be about to 
proceed shall receive notice thereof, accompanied with a copy of the 
cause alleged for his removal, at least ten days before the day on 
which either house of the Legislature shall act thereon. 

Sec. 12. The Judges of the Supreme and District Courts shall 
receive at stated times compensation for their services, which shall 
not be increased or diminished during the time for which they are 
elected. 

Sec. 13. Except by consent of all the parties, no judge of the su¬ 
preme or inferior courts shall preside in the trial of any cause where 
either of the parties shall be connected with him by affinity or con¬ 
sanguinity within the degree of first cousin, or in which he may have 
been of counsel, or in the trial of which he may have presided in any 
inferior court. 

Sec. 14. The Supreme Court shall appoint a clerk, and a reporter 
of its decisions, who shall hold their offices during the pleasure of 
the Court. Until otherwise provided, County Clerks shall be ex officio 
clerks of the District Courts in and for their respective counties, and 
shall perform such other duties as may be provided by law. 

Sec. 15. No person related to any judge of any court by affinity 
or consanguinity within the degree of first cousin, shall be appointed 
by such court or judge to, or employed by such court or judge in any 
office or duty in any court of which such judge may be a member. 

Sec. 16. Until otherwise provided by law, the Judicial Districts of 
the State shall be constituted as follows: 

First District: The Counties of Cache, Box Elder and Rich. 

Second District: The Counties of Weber, Morgan and Davis. 

Third District: The Counties of Summit, Salt Lake and Tooele, 
in which there shall be elected three district judges. 

Fourth District: The Counties of Utah, Wasatch and Uintah. 

Fifth District: The Counties of Juab, Millard, Beaver, Iron and 
Washington. 

Sixth District: The Counties of Sevier, Piute, Wayne, Garfield 
and Kane. 

Seventh District: The Counties of Sanpete, Carbon, Emery, Grand 
and San Juan. 

Sec. 17. The Supreme and District Courts shall be courts of record, 
and each shall have a seal. , 

Sec. 18. The style of all process shall be “The State of Utah,” and 
all prosecutions shall be conducted in the name and by the authority 
of the same. ^ 

Sec. 19. There shall be but one form of civil action, and law and 
equity may be administered in the same action. 

Sec. 20. Until otherwise provided by law, the salaries of supreme 


15 


and district judges shall be three thousand dollars per annum and 
mileage, payable quarterly out of the State treasury. 

Sec. 21. Judges of the Supreme Court, District Courts, and justices 
of the peace, shall be conservators of the peace, and may hold prelim¬ 
inary examinations in cases of felony. 

Sec. 22. District Judges may, at any time, report defects and 
omissions in the law to the Supreme Court, and the Supreme Court, 
on or before the first day of December of each year, shall report in 
writing to the Governor any seeming defect or omission in the law. 

Sec. 23. The Legislature may provide for the publication of de¬ 
cisions and opinions of the Supreme Court, but all decisions shall be 
free to publishers. 

Sec. 24. The terms of office of Supreme and District Judges may be 
extended by law, but such extension shall not affect the term for which 
any judge was elected. 

Sec. 25. When a judgment or decree is reversed, modified or 
affirmed by the Supreme Court, the reasons therefor shall be stated 
concisely in writing, signed by the judges concurring, filed in the office 
of the Clerk of the Supreme Court, and preserved with a record of 
the case. Any judge dissenting therefrom, may give the reasons of his 
dissent in writing over'his signature. 

Sec. 26. It shall be the duty of the court to prepare a syllabus of 
all the points adjudicated in each case, which shall be concurred in by 
a majority of the judges thereof, and it shall be prefixed to the pub¬ 
lished reports of the case. 

Sec. 27. Any judicial officer who shall absent himself from the 
State or district for more than ninety consecutive days, shall be 
deemed to have forfeited his office: Provided, That in case of extreme 
necessity, the Governor may extend the leave of absence to such time 
as the necessity therefor shall exist. 


ARTICLE IX. 

CONGRESSIONAL AND LEGISLATIVE APPORTIONMENT. 

Section 1. One Representative in the Congress of the United 
States shall be elected from the State at large on the Tuesday next 
after the first Monday in November, A. D. 1895, and thereafter at such 
times and places, and in such manner as may be prescribed by law. 
When a new apportionment shall be made by Congress, the Legislature 
shall divide the State into congressional districts accordingly. 

Sec. 2. The Legislature shall provide by law for an enumeration 
of the inhabitants of the State, A. D. 1905, and every tenth year 
thereafter, and at the session next following such enumeration, and 
also at the session next following an enumeration made by the au¬ 
thority of the United “States, shall revise and adjust the apportionment 
for Senators and Representatives on the basis of such enumeration 
according to ratios to be fixed by law. 

Sec. 3. The Senate shall consist of eighteen members, and the 
House of Representatives of forty-five members. The Legislature may 
increase the number of Senators and Representatives, but the Senators 
shall never exceed thirty in number, and the number of Representa¬ 
tives shall never be less than twice nor greater than three times the 
number of Senators. 

Sec. 4. When more than one county shall constitute a Senatorial 
district, such counties shall be contiguous, and no county shall be 
divided in the formation of such districts unless such county contains 
sufficient population within itself to form two or more districts, nor 


16 


shall a part of any county be united with any other county in forming 
any district. 

REPRESENTATIVE DISTRICTS. 

Until otherwise provided by law, Representatives shall be appor¬ 
tioned among the several counties of the State as follows: Provided, 
That in any future apportionment made by the Legislature, each 
county shall be entitled to at least one Representative. 

The County of Box Elder shall constitute the First Representative 
District, and be entitled to one representative. 

The County of Cache shall constitute the Second Representative 
District, and be entitled to three representatives. 

The County of Rich shall constitute the Third Representative Dis¬ 
trict, and be entitled to one representative. 

The County of Weber shall constitute the Fourth Representative 
District, and be entitled to four representatives. 

The County of Morgan shall constitute the Fifth Representative 
District, and he entitled to one representative. 

The County of Davis shall constitute the Sixth Representative 
District, and be entitled to one representative. 

The County of Tooele shall constitute the Seventh Representative 
District, and be entitled to one representative. 

The County of Salt Lake shall constitute the Eighth Representa¬ 
tive District, and be entitled to ten representatives. 

The County of Summit shall constitute the Ninth Representative 
District, and be entitled to one representative. 

The County of Wasatch shall constitute the Tenth Representative 
District, and be entitled to one representative. 

The County of Utah shall constitute the Eleventh Representative 
District, and be entitled to four representatives. 

The County of Uintah shall constitute the Twelfth Representative 
District, and be entitled to one representative. 

The County of Juab shall constitute the Thirteenth Representative 
District, and be entitled to one representative. 

The County of San Pete shall constitute the Fourteenth Repre¬ 
sentative District, and be entitled to two representatives. 

The County of Carbon shall constitute the Fifteenth Representa¬ 
tive District, and be entitled to one representative. 

The County of Emery shall constitute the Sixteenth Representa¬ 
tive District, and be entitled to one representative. 

The County of Grand shall constitute the Seventeenth Represent¬ 
ative District, and be entitled to one representative. 

The County of Sevier shall constitute the Eighteenth Represent¬ 
ative District, and be entitled to one representative. 

The County of Millard shall constitute the Nineteenth Represent¬ 
ative District, and be entitled to one representative. 

The County of Beaver shall constitute the Twentieth Represent¬ 
ative District, and be entitled to one representative. 

The County of Piute shall constitute the Twenty-first Renresent- 
ative District, and be entitled to one representative. 

The County of Wayne shall constitute the Twenty-second Renre- 
sentative District, and be entitled to one representative. 

The County of Garfield shall constitute the Twenty-third Repre¬ 
sentative District, and be entitled to one representative. 

The County of Iron shall constitute the Twenty-fourth Represent¬ 
ative District, and be entitled to one representative. 

The County of Washington shall constitute the Twenty-fifth Rep¬ 
resentative District, and be entitled to one representative. 


i 


17 


The County of Kane shall constitute the Twenty-sixth Represent¬ 
ative District, and be entitled to one representative. 

The County of San Juan shall constitute the Twenty-seventh Rep¬ 
resentative District, and be entitled to one representative. 

SENATORIAL DISTRICTS. 

Until otherwise provided by law, the Senatorial Districts shall be 
constituted and numbered as follows: 

The Counties of Box Elder and Tooele shall constitute the First 
District, and be entitled to one senator. 

The County of Cache shall constitute the Second District, and be 
entitled to one senator. 

The Counties of Rich, Morgan and Davis shall constitute the Third 
District, and be entitled to one senator. 

The County of Weber shall constitute the Fourth District, and be 
entitled to two senators. 

The Counties of Summit ami Wasatch shall constitute the Fifth 
District, and be entitled to one senator. 

The County of Salt Lake shall constitute the Sixth District, and 
be entitled to five senators. 

The County of Utah shall constitute the Seventh District, and be 
entitled to two senators. 

The Counties of Juab and Millard shall constitute the Eigth Dis¬ 
trict, and be entitled to one senator. 

The County of San Pete shall constitute the Ninth District, and 
be entitled to one senator. 

The Counties of Sevier, Wayne, Piute and Garfield shall constitute 
the Tenth District, and be entitled to one senator. 

The Counties of Beaver, Iron, Washington, and Kane shall consti¬ 
tute the Eleventh District, and be entitled to one senator. 

The Counties of Emery, Carbon, Uintah, Grand, and San Juan 
shall constitute the Twelfth District, and be entitled to one senator. 

ARTICLE X. 

EDUCATION. 

Section 1. The Legislature shall provide for the establishment and 
maintenance of a uniform system of public schools, which shall be 
open to all children of the State, and be free from sectarian control. 

Sec. 2. The Public School System shall include kindergarten 
schools; common schools, consisting of primary and grammar grades; 
high schools; an Agricultural College; a University, and such other 
schools as the Legislature may establish. The common schools shall 
be free. The other departments of the system shall be supported as 
provided by law: Provided, That high schools may be maintained 
free in all cities of the first and second class now constituting school 
districts, and in such other cities and districts as may be designated 
by the Legislature. But where the proportion of school monies ap¬ 
portioned or accruing to any city or district shall not be sufficient to 
maintain all the free schools in such city or district, the high school 
shall be supported by local taxation. 

Sec. 3. The proceeds of all lands that have been, or may be 
granted by the United States to this State, for the support of the 
common schools; the proceeds of all property that may accrue to the 
State by escheat or forfeiture; all unclaimed shares and dividends 
of any corporation incorporated under the laws of this State; the 
proceeds of the sale of timber, minerals or other property from school 
and State lands, other than those granted for specific purposes; and 



I 


the five per centum of the net proceeds of the sales of public lands 
lying within the State, which shall be sold by the United States, sub¬ 
sequent to the admission of this State into the Union, shall be and 
remain a perpetual fund, to be called the State School Fund, the 
interest of which only, together with such other means as the Legis¬ 
lature may provide, shall be distributed among the several school dis¬ 
tricts according to the school population residing therein. 

Sec. 4. The location and establishment by existing laws of the 
University of Utah, and the Agricultural College are hereby confirmed, 
and all the rights, immunities, franchises and endowments heretofore 
granted dr conferred, 1 are hereby perpetuated into said University and 
Agricultural College respectively. 

Sec. 5. The proceeds of the sale of lands reserved by an Act of 
Congress, approved February 21st, 1855, for the establishment of the 
University of Utah, and of all the lands granted by an Act of Congress, 
approved July 16th, 1894, shall constitute permanent funds, to be safely 
invested and held by the State; and the income thereof shall be 
used exclusively for the support and maintenance of the diffeient 
institutions and colleges, respectively, in accordance with the require¬ 
ments and conditions of said acts of Congress. 

Sec. 6. In cities of the first and second class, the public school 
system shall be maintained and controlled, by the Board of Education 
of such cities, separate and apart from the counties in which said 
cities are located. 

Sec. 7. All Public School Funds shall be guaranteed by the State 
against loss or diversion. 

Sec. 8. The general control and supervision of the Public School 
System shall be vested in a State Board of Education, consisting of 
the Superintendent of Public Instruction, and such other persons as 
the Legislature may provide. 

Sec. 9. Neither the Legislature nor the State Board of Education 
shall have power to prescribe text books to be used in the common 
schools. 

Sec. 10. Institutions for the Deaf and Dumb, and for the Blind, 
are hereby established. All property belonging to the School for the 
Deaf and Dumb, heretofore connected with the University of Utah, 
shall be transferred to said Institution for the Deaf and Dumb. All 
the proceeds of the lands granted by the United States for the support 
of a Deaf and Dumb Asylum, and for an Institution for the Blind, 
shall be a perpetual fund for the maintenance of said Institutions. It 
shall be a trust fund, the principal of whidh shall remain inviolate, 
guaranteed by the State against loss by diversion. 

Sec. 11. The Metric System shall be taught in the public schools of 
the State. 

Sec. 12. Neither religious nor partisan test or qualification shall 
be required of any person as a condition of admission, as teacher or 
student, into any public educational institution of the State. 

Sec. 13. Neither the Legislature nor any county, city, town, school 
district or other public corporation, shall make any appropriation to 
aid in the support of any school, seminary, academy, college, univer¬ 
sity or other institution, controlled in whole, or in part by any church, 
sect or denomination whatever. 

ARTICLE XI. 

COUNTIES, CITIES AND TOWNS. 

Section 1. The several counties of the Territory of Utah, existing 
at the time of the adoption of this Constitution, are hereby recognized 
as legal subdivisions of this State, and the precincts, and school dis- 


19 


tricts, now existing in said counties, as legal subdivisions thereof, and 
they shall so continue until changed by law in pursuance of this 
article. 

Sec. 2. No County Seat shall be removed unless two-thirds of the 
qualified electors of the county, voting on the proposition at a general 
election, shall vote in favor of such removal, and two-thirds of the 
votes cast on the proposition shall be required to re-locate a county 
seat. A proposition of removal shall not be submitted in the same 
county more than once in four years. 

Sec. 3. No territory shall be stricken from any county unless a 
majority of the voters living in such territory, as well as of the 
county to which it is to be annexed, shall vote therefor, and then 
only under such conditions as may be prescribed by general law. 

Sec. 4. The Legislature shall establish a system of county gov¬ 
ernment, which shall be uniform throughout the State, and by general 
laws shall provide for precinct and township organizations. 

Sec. 5. Corporations for municipal purposes shall not be created 
by special laws; the Legislature, by general laws, shall provide for 
the incorporation, organization, and classification of cities and towns 
in proportion to population; which laws may be altered, amended or 
repealed. 

Sec. 6. No municipal corporation shall directly or indirectly, lease, 
sell, alien or dispose of any water-works, water-rights, or sources of 
. water supply now, or hereafter to be owned or controlled by it; but 
all such water-works, water-rights and sources of water supply now 
owned or hereafter to be acquired by any municipal corporation, shall 
be preserved, maintained and operated by it for supplying its inhabi¬ 
tants with water at reasonable charges: Provided, That nothing herein 
contained shall be construed to prevent any such municipal corporation 
from exchanging water-rights, or sources of water supply, for other 
water-rights or sources of water supply of equal value, and to be 

devoted in like manner to the public supply of its inhabitants. 

0 

ARTICLE XII. 

CORPORATIONS. 

# 

Section 1. Corporations may be formed under general laws, but 
shall not be created by special acts All laws relating to corporations 
may be altered, amended or repealed by the Legislature, and all cor¬ 
porations doing business in this State, may, as to such business, be 
regulated, limited or restrained by law. 

Sec. 2. All existing charters, franchises, special or exclusive priv¬ 
ileges, under which an actual and bona fide organization shall not 
have taken place, and business been commenced in good faith, at the 
time of the adoption of this Constitution, shall thereafter have no 
validity; and no corporation in existence at the time of the adoption 
of this Constitution shall have the benefit of future legislation without 
first filing in the office of the Secretary of State, an acceptance of the 
provisions of this Constitution. 

Sec. 3. The Legislature shall not extend any franchise or charter, 
nor remit the forfeiture of any franchise or charter of any corporation 
now existing, or which shall hereafter exist under the laws of this State. 

Sec. 4. The term “Corporation,” as used in this article, shall be 
construed to include all associations and joint stock companies having 
any powers or privileges of corporations not possessed by individuals 
or partnerships, and all corporations shall have the right to sue, and 
shall be subject to be sued, in all courts, in like cases as natural 
persons. 



20 


Sec. 5. Corporations shall not issue stock, except to bona fide 
subscribers thereof or their assignee, nor shall any corporation issue 
any bond, or other obligation, for the payment of money, except for 
money or property received, or labor done. The stock of corporations 
shall not be increased, except in pursuance of general law, nor shall 
any law authorize the increase of stock without the consent of the 
person or persons holding the larger amount in value of the stock, or 
without due notice of the proposed increase having previously been 
given in such manner as may be prescribed by law. All fictitious 
increase of stock or indebtedness shall be void. 

Sec. 6. . No corporations organized outside of this State, shall be 
allowed to transact business within the State on conditions more 
favorable than those prescribed by law to similar corporations organ¬ 
ized under the laws of this State. 

Sec. 7. No corporation shall lease or alienate any franchise, so as 
to relieve the franchise or property held thereunder from the liabilities 
of the lessor, or grantor, lessee or grantee, contracted or incurred 
in operation, use or enjoyment of such franchise or any of its privi¬ 
leges. 

Sec. 8. No law shall be passed granting the right to construct and • 
operate a street railroad, telegraph, telephone or electric light plant 
within any city or incorporated town, without the consent of the local 
authorities who have control of the street or highway proposed to be 
occupied for such purposes. 

Sec. 9. No corporation shall do business in this State, without 
having one or more places of business, with an authorized agent or 
agents, upon whom process may be served; nor without first filing a 
certified copy of its articles of incorporation with the Secretary of 
State. 

Sec. 10. No corporation shall engage in any business other than 
that expressly authorized in its charter, or articles of incorporation. 

Sec. 11. The exercise of the right of eminent domain shall never 
be so abridged or construed, as to prevent the Legislature from taking 
Dp the property and franchises of incorporated companies, and subjecting 
them to public use the same as the property of individuals. 

Sec. 12. All railroad and other transportation companies are de¬ 
clared to be common carriers, and subject to legislative control; and 
such companies shall receive and transport each other’s passengers 
and freight, without discrimination or unnecessary delay. 

Sec. 13. No railroad corporation shall consolidate its stock, prop¬ 
erty or franchises with any other railroad corporation owning a com¬ 
peting line. 

Sec. 14. The rolling stock, and other movable property, belonging 
to any railroad company or corporation in this State, shall be consid¬ 
ered personal property, and shall be liable to taxation and to execution 
and sale, in the same manner as the personal property of individuals, 
and such property shall not be exempted from execution and sale. 

Sec. 15. The Legislature shall pass laws establishing reasonable 
maximum rates of charges, for the transportation of passengers and 
freight, for correcting abuses, and preventing discrimination and ex¬ 
tortion in rates of freight and passenger tariffs by the different rail¬ 
roads, and other common carriers in the State, and shall enforce such 
laws by adequate penalties. 

Sec. 16. No corporation or association shall bring any armed 
person or bodies of men into this State for the preservation of the 
peace, or the suppression of domestic trouble, without authority of law. 

Sec. 17. No officer, employee, attorney or agent of any corporation, 
company or association doing business under, or by virtue of any 
municipal charter or franchise, shall be eligible to or permitted to 


21 


hold any municipal office, in the municipality granting such charter or 
franchise. 

Sec. 18. The stockholders in every corporation, and joint stock 
association for banking purposes, in addition to the amount of capital 
stock subscribed and fully paid by them, shall be individually respon¬ 
sible for an additional amount, equal to the amount of their stock in 
such corporation, for all its debts and liabilities of every kind. 

Sec. 19. Every person in this State shall be free to obtain em¬ 
ployment whenever possible, and any person, corporation, or agent, 
servant or employee thereof, maliciously interfering or hindering in 
any way, any person from obtaining or enjoying employment already 
obtained, from any other corporation or person, shall be deemed guilty 
of a crime. The Legislature shall provide by law for the enforcement 
of this section. 

Sec. 20. Any combination by individuals, corporations, or asso¬ 
ciations, having for its object or effect the controlling of the price 
of any products of the soil, or of any article of manufacture or com¬ 
merce, or the cost of exchange or transportation, is prohibited, and 
hereby declared unlawful, and against public policy. The Legislature 
shall pass laws for the enforcement of this section by adequate pen¬ 
alties, and in case of incorporated companies, if necessary for that 
purpose, it may declare a forfeiture of their franchise. 


ARTICLE XIII. 

REVENUE AND TAXATION. 

Section 1. The fiscal year shall begin on the first day of January, 
unless changed by the Legislature. 

Sec. 2. All property in the State, not exempt under the laws of 
the United States, or under this Constitution, shall be taxed in pro¬ 
portion to its value, to be ascertained as provided by law. The word 
property, as used in this article, is hereby declared to include monies, 
credits, bonds, stocks, franchises and all matters and things (real, 
personal and mixed) capable of private ownership; but this shall not 
be so construed as to authorize the taxation of the stocks of any com¬ 
pany or corporation, when the property of such company or corpora¬ 
tion represented by such stocks, has been taxed. The Legislature shall 
provide by law for an annual tax sufficient, with other sources of 
revenue, to defray the estimated ordinary expenses of the State for 
each fiscal year. For the purpose of paying the State debt, if any 
there be, the Legislature shall provide for levying a tax annually, 
sufficient to pay the annual interest, and principal of such debt, within 
twenty years from the final passage of the law creating the debt. 

Sec. 3. The Legislature shall provide by law a uniform and equal 
rate of assessment and taxation on all property in the State', according 
to its value in money, and shall prescribe by general law such regula¬ 
tions as shall secure a just valuation for taxation of all property; so 
that every person and corporation shall pay a tax in proportion to the 
value of his, her or its property: Provided. That a deduction of debts 
from credits may be authorized: Provided further, That the property 
of the United States, of the State, counties, cities, towns, school dis¬ 
tricts, municipal corporations and public libraries, lots with the build¬ 
ings thereon used exclusively for either religious work or charitable 
purposes, and places of burial not held or used for private or corporate 
benefit, shall be exempt from taxation. Ditches, canals, and flumes 
owned and used by individuals or corporations for irrigating lands 
owned by such individuals or corporations, or the individual members 


22 


thereof, shall not be separately taxed so long as they shall be owned, 
and used exclusively for such purpose. 

Sec. 4. All mines and mining claims, both placer and rock in 
place, containing or bearing gold, silver, copper, lead, coal or other 
valuable mineral deposits, after purchase thereof from the United 
States, shall be taxed at the price paid the United States therefor, 
unless the surface ground, or some part thereof, of such mine or claim, 
is used for other than mining purposes, and has a separate and inde¬ 
pendent value for such other purposes; in which case said surface 
ground, or any part thereof, so used for other than mining purposes, 
shall be taxed at its value for such other purposes, as provided by law; 
and all the machinery used in mining, and all property and surface 
improvements upon or appurtenant to mines and mining claims, which 
have a value separate and independent of such mines or mining claims, 
and the net annual proceeds of all mines and mining claims, shall be 
taxed as provided by law. 

Sec. 5. The Legislature shall not impose taxes for the purpose of 
any county, city, town or other municipal corporation, but may, by law, 
vest in the corporate authorities thereof, respectively, the power to 
assess and collect taxes for all purposes of such corporation. 

Sec. 6. An accurate statement of the receipts and expenditures 
of the public monies, shall be published annually in such manner as 
the Legislature may provide. 

Sec. 7. The rate of taxation on property, for State purposes, shall 
never exceed eight mills on each dollar of valuation; and whenever 
the taxable property within the State shall amount to two hundred 
million dollars, the rate shall not exceed five mills on each dollar of 
valuation; and whenever the taxable property within the State shall 
amount to three hundred million dollars, the rate shall never there¬ 
after exceed four mills on each dollar of valuation; unless a proposi¬ 
tion to increase such rate, specifying the rate proposed, and the time 
during which the same shall be levied, be first submitted to a vote of 
such of the qualified electors of the State, as, in the year next preceding 
such election, shall have paid a property tax assessed to them within 
the State, and the majority of those voting thereon shall vote in favor 
thereof, in such manner as may be provided by law. 

Sec. 8. The making of profit out of public monies, or using the 
same for any purpose not authorized by law, by any public officer, 
shall be deemed a felony, and shall be punished as provided by law, 
but part of such punishment shall be disqualification to hold public 
office. 

Sec. 9. No appropriation shall be made, or any expenditure author¬ 
ized by the Legislature, whereby the expenditure of the State, during 
any fiscal year, shall exceed the total tax then provided for by law, 
and applicable for such appropriation or expenditure, unless the Legis¬ 
lature making such appropriation, shall provide for levying a sufficient 
tax, not exceeding the rates allowed in section seven of this article, 
to pay such appropriation or expenditure within such fiscal year. This 
provision shall not apply to appropriations or expenditures to suppress 
insurrections, defend the State, or assist in defending the United 
States in time of war. 

Sec. 10. All corporations or persons in this State, or doing busi¬ 
ness herein, shall be subject to taxation for State, county, school, muni¬ 
cipal or other purposes, on the real or personal property owned or 
used by them within the territorial limits of the authority levying 
the tax. 

Sec. 11. Until otherwise provided by law, there shall be a State 
Board of Equalization, consisting of the Governor, State Auditor, State 
Treasurer. Secretary of State and Attorney-General; also, in each 
county of this State, a County Board of Equalization, consisting of 


23 


the Board of County Commissioners of said county. The duty of the 
State Board of Equalization shall be to adjust and equalize the valua¬ 
tion of the real and personal property among the several counties of 
the State. The duty of the County Board of Equalization shall be to 
adjust and equalize the valuation of the real and personal property 
within their respective counties. Each Board shall also perform such 
other duties as may be prescribed by law. 

Sec. 12. Nothing in this Constitution shall be construed to pre¬ 
vent the Legislature from providing a stamp tax, or a tax based on 
income, occupation, licenses, franchises or mortgages. 

ARTICLE XIV. 
i PUBLIC DEBT, 

Section 1. To meet casual deficits or failures in revenue, and for 
necessary expenditures for public purposes, including the erection of 
public buildings and for the payment of all Territorial indebtedness 
assumed by the State, the State may contract debts, not exceeding in 
the aggregate at any one time, the sum of two hundred thousand dol¬ 
lars over and above the amount of the Territorial indebtedness 
assumed by the State. But when the said Territorial indebtedness shall 
have been paid, the State shall never contract any indebtedness, ex¬ 
cept as in the next section provided, in excess of the sum of two 
hundred thousand dollars, and all monies arising from loans herein 
authorized, shall be applied solely to the purposes for which they were 
obtained. 

Sec. 2. The State may contract debts to repel invasion, suppress 
insurrection, or to defend the State in war, but the money arising from 
the contracting of such debts shall be applied solely to the purpose for 
which it was obtained. 

Sec. 3. No debt in excess of the taxes for the current year shall 
be created by any county or subdivision thereof, or by any school dis¬ 
trict therein, or by any city, town or village, or any subdivision thereof 
in this State; unless the proposition to create such debt shall have 
been submitted to a vote of such qualified electors as shall have paid 
a property tax therein, in the year preceding such election, and a 
majority of those voting thereon shall have voted in favor of incurring 
such debt. 

Sec. 4. When authorized to create indebtedness as provided in 
section three of this article, no county shall become indebted to an 
amount, including existing indebtedness, exceeding two per centum. 
No city, town, school district or other municipal corporation, shall 
become indebted to an amount, including existing indebtedness, ex¬ 
ceeding four per centum of the value of the taxable property therein, 
the value to be ascertained by the last assessment for State and 
county purposes, previous to the incurring of such indebtedness; ex¬ 
cept that in incorporated cities the assessment shall be taken from 
the last assessment for city purposes: Provided, That no part of the 
indebtedness allowed in this section, shall be incurred for other than 
strictly county, city, town or school district purposes: Provided, fur¬ 
ther, That any city or town when authorized as provided in section 
three of this article, may be allowed to incur a larger indebtedness 
not exceeding four per centum additional, for supplying such city or 
town with water, artificial lights or sewers, when the works for supply¬ 
ing such water, light and sewers, shall be owned and controlled by 
the municipality. 

Sec. 5. All monies borrowed by or on behalf of the State, or any 
legal subdivision thereof, shall be used solely for the purpose specified 
in the law authorizing the loan. 


24 


Sec. 6. The State shall not assume the debt, or any part thereof, 

of any county, city, town or school district. . 

Sec 7 Nothing in this article shall be so construed as to impair 
or add to'the obligation of any debt heretofore contracted, in accord¬ 
ance with the laws of Utah Territory, by any county, city town or 
school district, or to prevent the contracting of any debt, or the issuing 
of bonds therefor, in accordance with said laws, upon any proposition 
for that purpose, which, according to said laws, may have been sub¬ 
mitted to a vote of the qualified electors of any county, city, town or 
school district before the day on which this Constitution takes effect. 


ARTICLE XV. 

, MILITIA. 

Section 1. The militia shall consist of all able-bodied male inhabi¬ 
tants of the State between the ages of eighteen and forty-five years, 
except such as are exempted by law. 

Sec. 2. The Legislature shall provide by law for the organization, 
equipment and discipline of the militia, which shall conform as nearly 
as practicable to the regulations for the government of the armies of 
the United States. 


ARTICLE XVI. 

LABOR. 

Section 1. The rights of labor shall have just protection through 
laws calculated to promote the industrial welfare of the State. 

Sec. 2. The Legislature shall provide by law, for a Board of Labor, 
Conciliation and Arbitration, which shall fairly represent the interests 
of both capital and labor. The Board shall perform duties, and re¬ 
ceive compensation as prescribed by law. 

Sec. 3. The Legislature shall prohibit: 

(1) The employment of women, or of children under the age of 
fourteen years, in underground mines. 

(2) The contracting of convict labor. 

(3) The labor of convicts outside prison grounds, except on public 
works under the direct control of the State. 

(4) The political and commercial control of employees. 

Sec. 4. The exchange of blacklists by railroad companies or other 
corpoiations, associations or persons is prohibited. 

Sec. 5. The right of action to recover damages for injuries result¬ 
ing in death, shall never be abrogated, and the amount recoverable 
shall not be subject to any statutory limitation. 

Sec. 6. Eight hours shall constitute a day’s work on all works or 
undertakings carried on or aided by the State, county or municipal 
governments; and the Legislature shall pass laws to provide for the 
health, and safety of employees in factories, smelters and mines. 

Sec. 7. The Legislature, by appropriate legislation, shall provide 
for the enforcement of the provisions of this article. 

ARTICLE XVII. 

WATER RIGHTS. 

Section 1. All existing rights to the use of any of the waters in 
this State for any useful or beneficial purpose, are hereby recognized 
and confirmed. 


25 


ARTICLE XVIII. 

FORESTRY. 

Section 1. The Legislature shall enact laws to prevent the destruc 
tion of and to preserve the forests on the lands of the State, and upon 
any part of the public domain, the control of which may be conferred 
by Congress upon the State. 

ARTICLE XIX. 

PUBLIC BUILDINGS AND STATE INSTITUTIONS. 

Section 1. All institutions and other property of the Territory, 
upon the adoptiorf of this Constitution, shall become the institutions 
and property of the State of Utah. 

Sec. 2. Reformatory and penal institutions, and those for the bene¬ 
fit of the insane, blind, deaf and dumb, and such other institutions as 
the public good may require, shall be established and supported by the 
State in such manner, and under such boards of control as may be 
prescribed by law. 

Sec. 3. The Public Institutions of the State are hereby perma¬ 
nently located at the places hereinafter named, each to have the lands 
specifically granted to it by the United States, in the Act of Congress, 
approved July 16th, 1894, to be disposed of and used in such manner 
as the Legislature may provide: 

First:—The seat of government and the State Fair at Salt Lake 
City, and the State Prison in the County of Salt Lake. 

Second:—The Institutions for the Deaf and Dumb, and the Blind, 
and the State Reform School at Ogden City, in the County of Weber. 

Third:—The State Insane Asylum at Provo City, in the County of 
Utah. 


ARTICLE XX. 

PUBLIC LANDS. 

Section 1. All lands of the State that have been, or may hereafter 
be granted to the State by Congress, and all lands acquired by gift, 
grant or devise, from any person or corporation, or that may other¬ 
wise be acquired, are hereby accepted, and declared to be the public 
lands of the State; and shall be held in trust for the people, to be 
disposed of as may be provided by law, for the respective purposes for 
which they have been or may be granted, donated, devised or other¬ 
wise, acquired. 


ARTICLE XXI. 

SALARIES. 

Section 1. All State, district, city, county, town and school officers, 
excepting notaries public, boards of arbitration, court commissioners, 
justices of the peace and constables, shall be paid fixed and definite 
salaries' Provided, That city justices may be paid by salary when so 
determined by the mayor and council of such cities. 

Sec. 2. The Legislature shall provide by law, the fees which shall 
be collected by all officers within the State. Notaries public, boards of 
arbitration, court commissioners, justices of the peace, and constables 
paid by fees, shall accept said fees as their full compensation. But all 
other State, district, county, city, town and school officers shall be 


26 


required by law to keep a true and correct account of all fees collected 
by them, and to pay the same into the proper treasury, and the officer 
whose duty it is to collect such fees shall be held responsible under 
his bond for the same. 


ARTICLE XXII. 

MISCELLANEOUS. 

Section 1. The Legislature shall provide, by law, for the selection 
by each head of a family, and exemption of a homestead, which may 
consist of one or more parcels of land, together with the appurten¬ 
ances and improvements thereon, of the value of at least fifteen hun¬ 
dred dollars, from sale on execution. 

Sec. 2. Real and personal estate of every female, acquired before 
marriage, and all property to which she may afterwards become en¬ 
titled by purchase, gift, grant, inheritance or devise, shall be and 
remain the estate and property of such female, and shall not be liable 
for the debts, obligations or engagements of her husband, and may be 
conveyed, devised or bequeathed by her as if she were unmarried. 


ARTICLE XXIII. 

AMENDMENTS. 

Section 1. Any amendment or amendments to this Constitution 
may be proposed in either house of the Legislature, and if two-thirds 
of all the members elected to each of the two houses, shall vote in 
favor thereof, such proposed amendment or amendments shall be en¬ 
tered on their respective journals with the yeas and nays taken there¬ 
on; and the Legislature shall cause the same to be published in at 
least one newspaper in every county of the State, where a newspaper 
is published, for two months immediately preceding the next general 
election, at which time the said amendment or amendments shall be 
submitted to the electors of the State, for their approval or rejection, 
and if a majority of the electors voting thereon shall approve the 
same, such amendment or amendments shall become part of this Con¬ 
stitution. If two or more amendments are proposed, they shall be so 
submitted as to enable the electors to vote on each of them separately. 

Sec. 2. Whenever two-thirds of the members, elected to each 
branch of the Legislature, shall deem it necessary to call a convention 
to revise or amend this Constitution, they shall recommend to the 
electors to vote at the next general election for or against a cenven- 
tion, and, if a majority of all the electors, voting at such election, shall 
vote for a convention, the Legislature, at its next session, shall pro¬ 
vide by law for calling the same. The convention shall consist of not ' 

less than the number of members in both branches of the Legislature. 

Sec. 3. No Constitution or amendments adopted by such conven¬ 
tion, shall have validity until submitted to, and adopted by, a majority 
of the electors of the State voting at the next general election. 

ARTICLE XXIV. 

SCHEDULE. 

Section 1. In order that no inconvenience may arise, by reason of 
the change from a Territorial to a State Government, it is hereby de¬ 
clared that all writs, actions, prosecutions, judgments, claims and con- 


27 


tracts, as well of individuals as of bodies corporate, both public and 
private, shall continue as if no change had taken place; and all pro¬ 
cess which may issue, under the authority of the Territory of Utah, 
previous to its admission into the Union, shall be as valid as if issued 
in the name of the State of Utah. 

Sec. 2. All laws of the Territory of Utah now in force, not repug¬ 
nant to this Constitution, shall remain in force until they expire by 
their own limitations, or are altered or repealed by the Legislature. 
The act of the Governor and Legislative Assembly of the Territory 
of Utah, entitled, “An Act to punish polygamy and other kindred 
offenses,” approved February 4th, A. D. 1892, in so far as the same 
defines and imposes penalties for polygamy, is hereby declared to be 
in force in the State of Utah. 

Sec. 3. Any person, who, at the time of the admission of the 
State into the Union, may be confined under lawful commitment, or 
otherwise lawfully held to answer for alleged violation of any of the 
criminal laws of the Territory of Utah, shall continue to be so held or 
confined, until discharged therefrom by the proper courts of the State. 

Sec. 4. All fines, penalties and forfeitures accruing to the Terri¬ 
tory of Utah, or to the people of the United States in the Territory 
of Utah, shall inure to this State, and all debts, liabilities and obliga¬ 
tions of said Territory, shall be valid against the State, and enforced 
as may be provided by law. 

Sec. 5. All recognizances heretofore taken, or which may be 
taken before the change from a Territorial to a State Government, 
shall remain valid, and shall pass to and be prosecuted in the name of 
the State; and all bonds executed to the Governor of the Territory, or 
to any other officer or court in his or their official capacity, or to any 
official board for the benefit of the Territory of Utah, or the people 
thereof, shall pass to the Governor or other officer, court or board, and 
his or their successors in office, for the uses therein, respectively ex¬ 
pressed, and may be sued on, and recovery had accordingly. Assessed 
taxes and all revenue, property, real, personal or mixed, and all judg¬ 
ments, bonds, specialties, choses in action, claims and debts, of what¬ 
soever description; and all records and public archives of the Terri¬ 
tory of Utah, shall issue and vest in the State of Utah, and may be 
sued for and recovered, in the same manner, and to the same extent 
by the State of Utah, as the same could have been by the Territory 
of Utah; and* all fines, taxes, penalties and forfeitures, due or owing 
to any county, municipality or school district therein, at the time the 
State shall be admitted into the Union, are hereby resDectively ass ; gned 
and transferred, and the same shall be payable to the county, munici¬ 
pality or school district, as the case may be, and payment thereof be 
enforced under the laws of the State. 

Sec. 6. All criminal prosecutions, and penal actions, which may 
have arisen, or which may arise before the change from a Territorial 
to a State Government, and which shall then be pending, shall be 
prosecuted to judgment and execution in the name of the State, and 
in the court having jurisdiction thereof. All offenses committed agiinst 
the laws of the Territory of Utah, before the change from a Territorial 
to a State government, and which shall not have been prosecuted 
before such change, may be prosecuted in the name, and by the author¬ 
ity of the State of Utah, with like effect as though such change had 
not taken place, and all penalties incurred shall remain the same, as 
if this Constitution had not been adopted. 

Sec. 7. All actions, cases, nroceedings and matters, pending in the 
Supreme and District Courts of the Territory of Utah, at the time the 
State shall be admitted into the Union, and all files, records and in¬ 
dictments relating thereto, except as otherwise provided herein, shall 
be appropriately transferred to the Supreme and District Courts of the 


28 


State respectively; and thereafter all such actions, matters and cases, 
shall be proceeded with in the proper State courts. All actions, cases, 
proceedings and matters which shall be pending in the District Courts 
of the Territory of Utah, at the time of the admission of the State into 
the Union, whereof the United States Circuit or District Courts might 
have had jurisdiction had there been a State Government at the time 
of the commencement thereof respectively, shall be transferred to the 
proper United States Circuit and District Courts respectively; and all 
files, records, indictments and proceedings relating thereto, shall be 
transferred to said United States Courts: Provided, That no civil 
actions, other than causes and proceedings of which the said United 
States courts shall have exclusive jurisdiction, shall be transferred to 
either of said United States Courts except upon motion or petition by 
one of the parties thereto, made under and in accordance with the 
act or acts of the Congress of the United States, and such motion and 
petition not being made, all such cases shall be proceeded with in the 
proper State courts. 

Sec. 8. Upon a change from Territorial to State Government, the 
seal in use by the Supreme Court of the Territory of Utah, until other¬ 
wise provided by law, shall pass to and become the seaj of the Supreme 
Court of the State, and the several District Courts of the State may 
adopt seals for their respective courts, until otherwise provided by law. 

Sec. 9. When the State is admitted into the Union, and the Dis¬ 
trict Courts in the respective districts are organized, the books, records, 
papers and proceedings of the Probate Court in each county, and all 
causes and matters of administration pending therein, upon the expira¬ 
tion of the term of office of the Probate Judge, on the second Monday 
in January, 1896, shall pass into the jurisdiction and possession of the 
District Court, which shall proceed to final judgment or decree, order 
or other determination in the several matters and causes, as the Terri¬ 
torial Probate Court might have done, if this Constitution had not 
been adopted. And until the expiration of the term of office of the Pro¬ 
bate Judges, such Probate Judges shall perform the duties now im¬ 
posed upon them by the laws of the Territory. The District Court 
shall have appellate and revisory jurisdiction over the decisions of 
the Probate Courts, as now provided by law, until such latter courts 
expire by limitation. 

Sec. 10. All officers, civil and military, now holding their offices 
and appointments in this Territory by authority of law. shall continue 
to hold and exercise their respective offices and appointments, until 
superseded under this Constitution: Provided, That the provisions of 
this section shall be subject to the provisions of the Act of Congress, 
providing for the admission of the State of Utah, approved by the 
President of the United States on July 16th, 1894. 

Sec. 11. The election for the adoption or rejection of this Con¬ 
stitution, and for State officers herein provided for, shall be held on 
the Tuesday next after the first Monday in November, 1895, and shall 
be conducted according to the laws of the Territory and the provi¬ 
sions of the Enabling Act; the votes cast at said election shall be 
canvassed, and returns made, in the same manner as was provided for 
in the election for delegates to the Constitutional Convention. 

Provided, That all male citizens of the United States, over the age 
of twenty-one years, who have resided in this Territory for one year 
next prior to such election, are hereby authorized to vote for or against 
the adoption of this Constitution, and for the State officers herein 
provided for. The returns of said election shall be made to the Utah 
Commission, who shall cause the same to be canvassed, and shall 
certify the result of the vote for or against the Constitution, to the 
President of the United States, in the manner required by the Enabling 
Act; and said Commission shall issue certificates of election to the 


29 


persons elected to said offices severally, and shall make and file with 
the Secretary of the Territory, an abstract, certified to by them, of the 
number of votes cast for each person for each of said offices, and of 
the total number of votes cast in each county. 

Sec. 12. The State officers to be voted for at the time of the adop¬ 
tion of this Constitution, shall be a Governor, Secretary of State, State 
Auditor, State Treasurer, Attorney-General, Superintendent of Public 
Instruction, members of the Senate and House of Representatives, 
three Supreme Judges, nine District Judges and a Representative to 
Congress. 

Sec. 13. In case of a contest of election between candidates, at the 
first general election under this Constitution, for Judges of the District 
Courts, the evidence shall be taken in the manner prescribed by the 
Territorial laws, and the testimony so taken shall be certified to the 
Secretary of State, and said officer, together with the Governor and 
the Treasurer of the State, shall review the evidence, and determine 
who is entitled to the certificate of election. 

Sec. 14. This Constitution shall be submitted for adoption or re¬ 
jection, to a vote of the qualified electors of the proposed State, at the 
general election to be held on the Tuesday next after the first Monday 
in November, A. D. 1895. At the said election the ballot shall be in the 
follov/ing form: ’ 

For the Coiistitution. Yes. No. 

As a heading to each of said ballots there shall be printed on each 
ballot the following Instructions to Voters: 

All persons desiring to vote for the Constitution must erase the 
word “No.” 

All persons desiring to vote against the Constitution must erase 
the word “Yes.” < 

Sec. 15. The Legislature, at its first session, shall provide for the 
election of all officers, whose election is not provided for elsewhere 
in this Constitution, and fix the time for the commencement and dura¬ 
tion of their terms. 

Sec. Id. The provisions of this Constitution shall be in force from 
the day on which the President of the United States shall issue his 
proclamation, declaring the State of Utah admitted into the Union; and 
the terms of all officers elected at the first election under the provi¬ 
sions of this Constitution, shall commence on the first Monday, next 
succeeding the issue of said proclamation. Their terms of office shall 
expire when their successors are elected and qualified under this 
Constitution. 

Done in convention at Salt Lake City, in the Territory of Utah, 
this eighth day of May, in the year of our Lord one thousand eight 
hundred and ninety-five, and of the independence of the United States 
the one hundred and nineteenth. 


JOHN HENRY SMITH, 

President. 


Attest • 


PARLEY P. CHRISTENSEN, 

Secretary. 


LOUIS BERNHARDT ADAMS, 
RUFUS ALBERN ALLEN, 
ANDREW SMITH ANDERSON, 
JOHN RICHARD BARNES, 
JOHN RUTLEDGE BOWDLE. 
JOHN SELL BOYER, 
THEODORE BRANDLEY, 
HERBERT GUION BUTTON, 
WILLIAM BUYS, 


CHESTER CALL, 

GEORGE MOUSLEY CANNON, 
JOHN FOY CHIDESTER, 

PARLEY CHRISTIANSEN, 
THOMAS H. CLARK, JR., 

LOUIS LAVILLE CORAY, 

ELMER ELLSWORTH CORFMAN 
CHARLES CRANE, 

WILLIAM CREER, 


eo 


♦ 


GEORGE CUNNINGHAM, 
ARTHUR JOHN CUSHING, 
WILLIAM DRIVER, 

DENNIS CLAY EICHNOR, 

ALMA ELDREDGE, 

GEORGE RHODES EMERY, 
ANDREAS ENGBERG, 

DAVID EVANS, 

ABEL JOHN EVANS, 

LORIN FARR, 

SAMUEL FRANCIS, 

WILLIAM HENRY GIBBS, 
CHARLES CARROLL GOODWIN, 
JAMES FREDERIC GREEN, 
FRANCIS ASBURY HAMMOND, 
CHARLES HENRY HART, 
HARRY HAYNES, 

JOHN DANIEL HOLLADAY, 
SAMUEL HOOD HILL, 

WILLIAM HOWARD, 

HENRY HUGHES, 

JOSEPH ALONZO HYDE, 
ANTHONY WOODWARD IVINS, 
WILLIAM F. JAMES, 

LYCURGUS JOHNSON, 

JOSEPH LOFTIS JOLLEY, 
FREDERICK JOHN KIESEL, 
DAVID KEITH, 

THOMAS KEARNS, 

WILLIAM JASPER KERR, 
ANDREW KIMBALL, 

JAMES NATHANIEL KIMBALL, 
RICHARD G. LAMBERT, 
CHRISTEN PETER LARSEN, 
LAURITZ LARSEN, 

HYRUM LEMMON, 

THEODORE BELDEN LEWIS, 
WILLIAM LOWE, 

PETER LOWE, 

JAMES PATON LOW, 

ANTHONY CANUTE LUND, 
KARL G. MAESER, 

RICHARD MACKINTOSH, 
THOMAS MALONEY, 

By order of the Convention, M 


WILLIAM H. MAUGHAN, 
Robert mcfarland, 

GEORGE PARCUST MILLER, 
ELIAS MORRIS, 

JACOB MORITZ, 

JOHN RIGGS MURDOCK, 
JOSEPH ROYAL MURDOCK, 
JAMES DAVID MURDOCK, 
AQUILA NEBEKER, 

JEREMIAH DAY PAGE, 

EDWARD PARTRIDGE, 

MONS PETERSON, 

JAMES CHRISTIAN PETERSON, 
FRANK PIERCE, 

JOHN DAVID PETERS, 

WILLIAM B. PRESTON, 

ALONZO HAZELTON RALEIGH, 
FRANKLIN SNYDER RICHARDS, 
JOEL RICKS, 

BRIGHAM HENRY ROBERTS, 
JASPER ROBERTSON, 

JOSEPH ELDRIDGE ROBINSON, 
WILLIS EUGENE ROBISON, 
GEORGE RYAN, 

JOHN HENRY SMITH, 

GEORGE B. SQUIRES, 

HARRISON TUTTLE SHURT- 
LEFF 

edward’hunter snow, 

HIRAM HUPP SPENCER. 

DAVID BRAINERD STOVER, 
CHAS. NETTLETON STREVELL, 
CHARLES WILLIAM SYMONS, 
MOSES THATCHER, 

DANIEL THOMPSON, 

INGWALD CONRAD THORESEN, 
JOSEPH EPHRAIM THORNE, 
SAMUEL R. THURMAN, 

WILLIAM GRANT VAN HORNE, 
CHARLES STETSON VARIAN, 
HEBER M. WELLS, 

NOBLE WARRUM, JR., 

ORSON FERGUSON WHITNEY, 
JOSEPH JOHN WILLIAMS. 

y 8th, 1895. 


JOHN HENRY SMITH, 

President. 


AMENDMENTS. 


Approved November 6, 1900. 


Amendment to Section 3, Article 13, of the Constitution, Relating to 
the Remitting or Abating of Taxes of the Indigent Poor. 

Sec. 3. The Legislature shall provide by law a uniform and equal 
rate of assessment and taxation on all property in the State, according 
to its value in money, and shall prescribe by general law such regula¬ 
tions as shall secure a just valuation for taxation of all property, so that 
every person and corporation shall pay a tax in proportion to the value 
of his, her or its property: Provided, that a deduction of debits from 
credits may be authorized: Provided further, that the property of the 
United States, of the State, counties, cities, towns, school districts, muni¬ 
cipal corporations and public libraries, lots with the buildings thereon 
used exclusively for either religious worship or charitable purposes, and 
places of burial not held or used for private or corporate benefit, shall 
be exempt from taxation. Ditches, canals, reservoirs, pipes and flumes 
owned and used by individuals or corporations for irrigating lands 
owned by such individuals or corporations or the individual members 
thereof, shall not be separately taxed so long as they shall be owned 
and used exclusively for such purpose. Provided further, relating to 
the remitting or abating of taxes of the indigent poor, that the taxes of 
the indigent poor may be remitted or abated at such time and in such 
manner as may be provided by law. 


Amendment to Section 6, Article 10, of the Constitution, Relating to 
the Control and Maintenance of Public Schools. 

Sec. 6. In cities of the first and second class the public school sys¬ 
tem shall be controlled by the Board of Education of such cities, sep¬ 
arate and apart from the counties in which said cities are located. 


Amendment to Section 1 of Article 6 of the Constitution of the State 
of Utah, Relating to Direct Legislation by the People. 

Section 1. The Legislative power of the State shall be vested: 

1. In a Senate and House of Representatives, which shall be desig¬ 
nated the Legislature of the State of Utah. 

2. In the people of the State of Utah, as hereinafter stated: 

The legal voters, or such fractional part thereof, of the State of 
Utah as may be provided by law, under such conditions and in such 
manner and within such time as may be provided by law, may initiate 
any desired legislation and cause the same to be submitted to a vote of 
the people for approval or rejection, or may require any law passed by 
the Legislature (except those laws passed by a two thirds vote of the 




32 


members elected to each house of the Legislature) to be submitted to 
the voters of the State before such law shall take effect. 

The legal voters or such fractional part thereof as may be provided 
by law, of any legal subdivision of the State, under such conditions and 
in such manner and within such time as may be provided by law, may 
initiate any desired legislation and cause the same to be submitted to a 
vote of the people of said legal subdivision for approval or rejection, or 
may require any law or ordinance passed by the law-making body of said 
legal subdivision to be submitted to the voters thereof before such law 
or ordinance shall take effect. 


Amendment to Section 22 of Article 6, of the Constitution of the 
State of Utah, Relating to Direct Legislation by the People. 

Sec. 22. The enacting clause of every law shall be, “Be it enacted 
by the Legislature of the State of Utah.” Except such laws as may be 
passed by the vote of the electors as provided in subdivision 2, section 1 
of this article, and such laws shall begin as follows: “Be it enacted by 
the people of the State of Utah.” No bill or Joint Resolution shall be 
passed, except with the assent of the majority of all the members elected 
to each house of the Legislature, and after it has been read three times. 
The vote upon the final passage of all bills shall be by yeas and nays; 
and no law shall be revised or amended by reference to its title only, but 
the act as revised or section as amended, shall be re-enacted and pub¬ 
lished at length. 


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